Legislative Alert! OPPOSE SB1675

March 12, 2019

Senate Bill 1675 would prohibit local zoning authority over certain temporary crop protection structures.

 

Status: SB1675 was assigned to Local Government Committee (February 27, 2019). Committee hearing is set for March 13, 2019 at 9:00 AM, Capitol Building, Room 409.

 

Sponsor:  Sen. Thomas Cullerton (D – 23rd Dist.) and Sen. Laura Fine (D-9th Dist.)

Show your OPPOSITION to Illinois Senate Bill 1675

There are 2 ways you can advocate:


#1: Fill out a Witness Slip by 3/13

CLICK HERE TO FILE A WITNESS SLIP

 

Please complete your Witness Slip before the Local Government Committee Hearing on March 13 at 9:00 am.

 

#2: Attend the 2019 Planners Legislative Action Day 3/19

CLICK HERE TO RSVP FOR PLAD19

Summary: Amends the Zoning Division of the Illinois Municipal Code, 65 ILCS 5/11-13-1 et seq. Provides that a municipality, including home rule municipalities, may not restrict residents from constructing a season extension or crop protection device from each October 1 through April 15. Provides that "season extension or crop protection device" means a temporary structure that meets the following specifications:

 

  • the structure is used for growing agricultural products for personal consumption on private property;

  • the structure is wholly on the owner's property;

  • it is a skeletal structure comprised of materials that are easily constructed and easily deconstructed; and

  • the walls of the structure are comprised of plastic membranes or firm translucent material.

 

Why you should OPPOSE this bill:
SB1675 is a significant prohibition on the exercise of otherwise broad municipal zoning power regarding a very specific type of temporary structure. Further, there is no legislative pronouncement explaining why the General Assembly has determined that residential crop protection structures warrant a special treatment and immunity from land use regulation, unlike other uses. In fact, the bill appears to be in response to some very specific situations. The home rule preemption is also a very unusual part of the proposed legislation. It is rare for the General Assembly to preempt home rule powers on unique local matters. Based on this, APA-IL has determined that: 

 

  • This bill is an unnecessary limitation on municipal zoning powers over a very specific temporary use that may be placed on any part of a property, including front yards.

     

  • Each municipality should maintain its authority over temporary structures and determine the best zoning regulatory approach that is consistent with its land use policies and plans, and enables for the appropriate protections of its residentially zoned neighborhoods and commercially zoned areas

     

Recommendation: Contact your state legislators to OPPOSE SB1675 as introduced. File a Witness Slip prior to the Local Government Committee hearing scheduled for March 13, 2019 at 9:00 AM. Attend the 2019 Planners Legislative Action Day 3/19 to voice your opposition to SB1675.

Please note: Online witness slips can be submitted up to the conclusion of the committee hearing (hearing begins at 9:00 am on March 13, 2019).

RSVP NOW!

Join us to voice your opposition to SB1675 in person.

2019 Planners Legislative Action Day
#PLAD19

March 19, 2019
Springfield, IL

Let your voice be heard!!

Register for the 2019 Planners Legislative Action Day

 

Other bills we're following....

 
HB2157 - MUNI-ANNEX CONTIGUOUS LAND

Show your OPPOSITION to Illinois House Bill 2157 by filing a Witness SlipCommittee hearing is set for Tuesday, March 12, 2019 at 4:00 PM, Stratton Building Room D-1.  

 

CLICK HERE TO FILE A HB2157 WITNESS SLIP

 

Please note: Online witness slips for HB2157 can be submitted up to the conclusion of the committee hearing (hearing begins at 4:00 pm 3/12/19).

 

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The American Planning Association - Illinois Chapter (APA-IL) is the premier authority on urban planning issues and professional development for Illinois' urban planners.

 

The APA-IL is the official membership association for practicing planners in the State of Illinois.  We strive to inform, educate, and connect our members to resources and tools that advance the practice of planning throughout the state.  We pride ourselves on "Making Great Communities Happen" all across Illinois.  

 

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